3d Circuit Case Commentaries

Voluntary Resignation Forecloses Adverse-Action and FMLA-Interference Claims When Leave Decisions Are Made by a Third-Party Administrator

Date: Dec 4, 2024

Voluntary Resignation Forecloses Adverse-Action and FMLA-Interference Claims When Leave Decisions Are Made by a Third-Party Administrator Introduction In this nonprecedential opinion, the United...

CMS Long‑Term Care Arbitration Rule Cannot Supply Federal‑Question Jurisdiction for FAA § 10 Vacatur Petitions: Third Circuit Reaffirms Badgerow and Grable Limits

Date: Dec 3, 2024

CMS Long‑Term Care Arbitration Rule Cannot Supply Federal‑Question Jurisdiction for FAA § 10 Vacatur Petitions: Third Circuit Reaffirms Badgerow and Grable Limits Introduction This Third Circuit...

Either an Aggravating Role or a Continuing Criminal Enterprise Disqualifies a “Zero‑Point Offender” Reduction: Third Circuit Affirms Disjunctive Reading of U.S.S.G. § 4C1.1(a)(10)

Date: Dec 3, 2024

Either an Aggravating Role or a Continuing Criminal Enterprise Disqualifies a “Zero‑Point Offender” Reduction: Third Circuit Affirms Disjunctive Reading of U.S.S.G. § 4C1.1(a)(10) Introduction This...

Reaffirming Sua Sponte Claim Preclusion and Judicial Immunity: Third Circuit Affirms Dismissal of Repeat Civil-Rights Suit in Ouaziz v. Murphy

Date: Dec 3, 2024

Reaffirming Sua Sponte Claim Preclusion and Judicial Immunity: Third Circuit Affirms Dismissal of Repeat Civil-Rights Suit in Ouaziz v. Murphy Introduction In this non-precedential per curiam...

Enforcement of Statutory Medical Examination Procedures in Insurance Contracts: Benscoter v. Nationwide Mutual Insurance Company

Date: Nov 30, 2024

Enforcement of Statutory Medical Examination Procedures in Insurance Contracts: Benscoter v. Nationwide Mutual Insurance Company Introduction The case of Benscoter v. Nationwide Mutual Insurance...

Affirmation of Summary Judgment in Burdge v. Verizon: Reinforcing Standards for Age Discrimination Claims

Date: Nov 28, 2024

Affirmation of Summary Judgment in Burdge v. Verizon: Reinforcing Standards for Age Discrimination Claims Introduction In the case of Charles F. Burdge v. Verizon Corporate Resources Group LLC, the...

Third Circuit Clarifies Jury's Role in Sentencing Enhancements and Upholds Consecutive Sentences in Child-Pornography Case

Date: Nov 27, 2024

Third Circuit Clarifies Jury's Role in Sentencing Enhancements and Upholds Consecutive Sentences in Child-Pornography Case Introduction In the landmark case of United States of America v. Luis Perez...

Third Circuit Upholds Probable Cause and Declines Supplemental Jurisdiction in §1983 Claims: Barraclough & Yan v. Animal Friends, Inc.

Date: Nov 25, 2024

Third Circuit Upholds Probable Cause and Declines Supplemental Jurisdiction in §1983 Claims Introduction In the case of William Barraclough and Fang Yan v. Animal Friends, Inc.; Justin Galvin; Krista...

Affirmation of Conviction in United States v. Ricky Hubbard: Analysis of Fourth and Sixth Amendment Applications

Date: Nov 25, 2024

Affirmation of Conviction in United States v. Ricky Hubbard: Analysis of Fourth and Sixth Amendment Applications Introduction United States of America v. Ricky Hubbard is a criminal case adjudicated...

Limitations on the Testamentary Exception to Attorney-Client Privilege in Third-Party Communications

Date: Nov 22, 2024

Limitations on the Testamentary Exception to Attorney-Client Privilege in Third-Party Communications Introduction The case of Alexis Kyriakopoulos v. Robert Z. Maigetter presents a pivotal analysis...

Affirmation of Minimal Indicia Standard in State Sentencing: Smack v. Superintendent Mahanoy SCI

Date: Nov 22, 2024

Affirmation of Minimal Indicia Standard in State Sentencing: Smack v. Superintendent Mahanoy SCI Introduction Smack v. Superintendent Mahanoy SCI; Attorney General Delaware is a pivotal case in the...

Enhancement for Obstruction of Justice Under USSG §3C1.1: Insights from United States v. Jose Soto

Date: Nov 22, 2024

Enhancement for Obstruction of Justice Under USSG §3C1.1: Insights from United States v. Jose Soto Introduction In the landmark case of United States of America v. Jose Soto, the United States Court...

Affirmation of Plain View Doctrine Application in Felon Firearm Possession Case

Date: Nov 20, 2024

Affirmation of Plain View Doctrine Application in Felon Firearm Possession Case Introduction In the case of United States of America v. Jason McDonald, the United States Court of Appeals for the...

Standing in Economic Injury: Expanding the Benefit-of-the-Bargain Theory in Bayer U.S. LLC v. Appellants

Date: Nov 8, 2024

Standing in Economic Injury: Expanding the Benefit-of-the-Bargain Theory in Bayer U.S. LLC v. Appellants Introduction Bayer U.S. LLC v. Appellants is a landmark case adjudicated by the United States...

Reasonable Suspicion and Law Enforcement Safety: Third Circuit Affirms Denial of Suppression in Jackson & Martins

Date: Nov 7, 2024

Reasonable Suspicion and Law Enforcement Safety: Third Circuit Affirms Denial of Suppression in Jackson & Martins Introduction UNITED STATES OF AMERICA v. DEANDRE JACKSON & QUINTEL MARTINS (120 F.4th...

Nonretroactive Legislative Changes as Ineligible Grounds for Compassionate Release: United States v. Daniel Rutherford

Date: Nov 2, 2024

Nonretroactive Legislative Changes as Ineligible Grounds for Compassionate Release: United States v. Daniel Rutherford Introduction In the case of United States of America v. Daniel Rutherford a/k/a...

Affirmation of Rights Against Prolonged Solitary Confinement for Mentally Ill Death Row Inmates

Date: Sep 21, 2024

Affirmation of Rights Against Prolonged Solitary Confinement for Mentally Ill Death Row Inmates Introduction In the landmark case of Roy L. Williams, Appellant v. Secretary Pennsylvania Department of...

Clarifying Administrative Decision-Making in Social Security Disability Claims: Zaborowski v. Commissioner of Social Security

Date: Sep 19, 2024

Clarifying Administrative Decision-Making in Social Security Disability Claims: Zaborowski v. Commissioner of Social Security Introduction In the case of Raymond Stephen Zaborowski v. Commissioner of...

Third Circuit Affirms State Agency Immunity under §1983 in Special Education Litigation and Remands IDEA §1415(i)(2) Procedural Claims

Date: Sep 17, 2024

Third Circuit Affirms State Agency Immunity under §1983 in Special Education Litigation and Remands IDEA §1415(i)(2) Procedural Claims Introduction In the case of Jenn-Ching Luo v. Owen J. Roberts...

Expansion of Qualified Immunity in Bivens Actions: Third Circuit Reverses on Mistaken Identity Arrest Case

Date: Aug 30, 2024

Expansion of Qualified Immunity in Bivens Actions: Third Circuit Reverses on Mistaken Identity Arrest Case Introduction In the case of Judith Henry v. Essex County et al., the United States Court of...